Guilty plea in Wellsville Rite Aid robbery

Saturday

Apr 26, 2008 at 12:01 AMApr 26, 2008 at 8:55 AM

Brian Quinn

Gene R. Fanton Jr., of Belmont, accused of robbing the Rite Aid store on Route 417 Nov. 19, admitted to the crime Thursday in Allegany County court.
Fanton is scheduled to be sentenced July 17, said District Attorney Terrence M. Parker. He appeared before Judge Thomas Brown and pleaded guilty to first-degree robbery and first-degree attempted murder, both felonies, said District Attorney Terrence M. Parker.
“What was said today (Thursday)?was Mr. Fanton admitted that he went into the drugstore with a loaded handgun. He very clearly remembered robbing the store,” Parker said.
On Nov. 19, Fanton tried to flee in a van after robbing the store of drugs and shot at police while trying to escape. The chase ended when a sheriff’s deputy rammed his patrol car into the van Fanton had stolen.
Fanton Thursday said he did not remember shooting at police from a vehicle, Parker recalled.
“He was the only person in the vehicle but he did not recall firing the shots,”?Parker said, adding he did not know whether that was due to “selective amnesia” or because Fanton was involved in the crash with the sheriff’s deputy.
Parker also said he gave the court a synopsis of what he would be able to prove if he were to call witnesses.
“There’s a process when someone is entering a plea, they have to admit sufficient facts to the court,”?he said, adding that the synopsis he gave was to “fill in the blanks.”
“The court said, ‘I find there’s a factual basis for accepting the plea. How do you plead (to each charge)?’” Parker said.
It was then that Fanton pleaded guilty to both.
“The judge did (promise to)?sentence him to not more than 20-to-life (indeterminate sentence)?on the attempted murder and not more than a 10-year determinate sentence on the robbery,”?the district attorney said.
Parker and John Dagon, Fanton’s attorney, say this recommendation would be for a concurrent sentence, in which the sentences on both charges would be served at the same time.
“The promise is one of the big factors (as to why Fanton took the plea)...the other part of it is Gene really wanted to take responsibility for his actions,”?Dagon said. “I think people who knew him in the town were shocked (at the news of the robbery). He understands that he did something wrong and owned up it.”
Had the case gone to trial, the maximum sentence on the attempted murder charge would have been 40 years to life. For the robbery charge, it would have been five to 25 years.
“The robbery charge — that is certainly one that the evidence was strong against him,”?Dagon said. “The attempted murder charge, a little different story there. With attempted murder, you get into what the person’s intent was, which is a little more difficult to prove.”
Dagon reported hearing people who know Fanton. They have said Fanton has been a helpful person to a lot of people, according to Dagon.
“He really is a decent person.?The people who know him are supportive of him, while understanding what he did was wrong,” Dagon said.
Parker recalled a conference some time ago involving him, Dagon and Brown. He said Dagon had asked about the options to which Parker and Brown were open.
“The judge basically said he would consider, at my request, consecutive (back-to-back) sentences if we went to trial and he was convicted,” Parker said.
The district attorney said no family or friends of Fanton’s attended the proceedings Thursday.
“Up until his attorney arrived today (Thursday), I didn’t know that he was going to plead guilty,” Parker said. “His chance to say anything would come at sentencing.”

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